Employment Termination Letter - Template, Sample Form

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SECOND WRITTEN NOTICE (NOTICE OF TERMINATION)

To: ________
Position: ________
Address: ________

Re: Termination of Employment for Just Cause — Serious Misconduct/Gross Insubordination

Dear ________:

§ 1. Purpose of this Notice. This letter constitutes the second written notice required under Article 297 (formerly Article 282) of the Labor Code of the Philippines, as renumbered, and Sections 5 and 6 of Rule I-A, Book VI of the Omnibus Rules Implementing the Labor Code (as amended by Department Order No. 147-15, Series of 2015). After due consideration of all the evidence and circumstances, including your written explanation and the proceedings of the administrative hearing, the Company has determined that there exists just cause to terminate your employment.

§ 2. Just Cause Relied Upon. Your employment is being terminated for just cause under Article 297 of the Labor Code, specifically for serious misconduct and/or willful disobedience or gross insubordination, on account of the following acts:

________;

§ 3. Procedural Due Process Observed. The Company observed the twin-notice rule and your right to be heard, as follows:

1. You were served a First Written Notice (Notice to Explain), dated ________, specifying the acts or omissions complained of and directing you to submit your written explanation, the relevant particulars of which are:
   ________;
2. You were given a reasonable opportunity of not less than five (5) calendar days to submit your written explanation and supporting evidence;
3. An administrative hearing/conference was conducted on ________, during which you were afforded the opportunity to be heard, to present evidence, and to be assisted by counsel or a representative of your choice;
4. After evaluation of your explanation and the evidence on record, the Company found the foregoing charge(s) to be duly substantiated.

§ 4. Effective Date of Termination. Your employment with the Company shall be deemed terminated effective ________.

§ 5. Return of Company Property. On or before your effective date of termination, you are required to surrender and return any and all property belonging to the Company that is in your possession, custody, or control, including but not limited to files, records, documents, keys, access cards, electronic devices, equipment, and any other company property received by reason of your employment. Clearance shall be processed upon full accounting thereof.

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§ 7. Separation Pay. Please be advised that, as a general rule, termination for just cause under Article 297 of the Labor Code does not entitle an employee to separation pay. Notwithstanding the foregoing, the Company shall extend the following amount(s) on a purely voluntary basis and/or pursuant to company policy or applicable agreement, without admission of any legal obligation to do so:

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§ 8. Service Incentive Leave and Other Monetary Benefits. The monetary equivalent of your accrued and unused service incentive leave, where commutable under Article 95 of the Labor Code, together with any pro-rated 13th month pay due under Presidential Decree No. 851, shall be included in your final pay, particularized as follows:

________;

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§ 10. Non-Competition. Pursuant to the post-employment restraint you executed, you shall, for the duration of ________ and within the territory of ________, refrain from engaging, directly or indirectly, in any business or activity in competition with the Company, it being understood that such covenant shall be enforced only to the extent reasonable as to time, place, and trade, in accordance with Article 1306 of the Civil Code of the Philippines and prevailing jurisprudence.

§ 11. Certificate of Employment. Upon your request, the Company shall issue a Certificate of Employment within three (3) days from such request, conformably with Labor Advisory No. 06, Series of 2020.

§ 12. Reportorial Compliance. The Company shall furnish the Department of Labor and Employment a copy of this notice where required, and shall comply with all reportorial and contribution obligations to the Social Security System, PhilHealth, and the Home Development Mutual Fund (Pag-IBIG) attendant to your separation.

§ 13. Receipt and Acknowledgment. Kindly acknowledge receipt of this notice by signing the space provided below. Your signature shall constitute acknowledgment of receipt only and shall not be construed as a waiver of any right or as an admission of the matters stated herein.

Should you have any questions or concerns regarding this notice or the matters stated herein, please do not hesitate to contact the Human Resources Department. We thank you for the services you have rendered to the Company and wish you the best in your future endeavors.

Yours faithfully,

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RECEIVED AND ACKNOWLEDGED:

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________ (Employee)
Date: ________